R esponse t o I ntervention

1. Early Intervening Services and Response to Intervention Produced by NICHCY, 2007

2. Produced by NICHCY, 2007 This module looks at... • EIS: Early intervening services — What they are — Why they’re part of IDEA now — What IDEA 2004 requires • RTI: Response to intervention — What it is — Why it’s part of IDEA now — What IDEA 2004 requires What do EIS and RTI have to do with one another?

3. Michael’s Story • First grader • Is learning to read using the district’s standard reading curriculum • Isn’t progressing in pace with the class • Scores below county cut-off line for adequate progress at Thanksgiving time Produced by NICHCY, 2007

4. What are Early Intervening Services? Assistance given to students: • Who haven’t been identified yet as needing special education and related services But— • Who may need additional support to succeed in general educationenvironment Produced by NICHCY, 2007

5. IDEA’s Brand-New EIS Provisions No more than15%of Part B fundsto develop and implement EIS Emphasis on students in K-3 K-12 students as well Professional developmentof teachers and other school staff Produced by NICHCY, 2007

6. Who are not currently receiving special education and related services under IDEA This could include students who were previously eligible for special education but who are not identified as needing it now • Who may need additional support, academically or behaviorally Early Intervening Services Are For Children: Produced by NICHCY, 2007

7. EIS Funds Used for Professional Development Purpose: To improve staff capacity to deliver scientifically based academic and behavioral interventions • Scientifically based literacy instruction • instruction on the use of adaptive and instructional software (where appropriate) Including— Produced by NICHCY, 2007

8. Other Uses of EIS Funds Providing educational and behavioral evaluations, services, and supports— — including scientifically based literacy instruction Produced by NICHCY, 2007

9. Early Intervening Services: • Do not limit right to FAPE • Do not create right to FAPE • May not be used to delay appropriate evaluation of a child suspected of having a disability Produced by NICHCY, 2007 Regardless of IDEA funds being used to provide EIS: FAPE is an entitlement only for children currently eligible for special education under IDEA, as outlined in their IEPs

10. Reporting Requirements on EIS LEAs must report: • Number of children served by EIS • Number of children who subsequently receive special education and related services under IDEA in preceding 2-year period Produced by NICHCY, 2007

11. EIS’ Relationship with Disproportionality: Concern of Congress:Children from racial or ethnic backgrounds overidentified as children with disabilities or overrepresented in particular educational settings If an LEA has such a disproportionality: Must reserve full 15% of Part B funds for EIS, especially targeting overidentified groups Produced by NICHCY, 2007

12. Defining “Significant Disproportionality” State defines for LEAs and for State in general State determines criteria for what level of disproportionality is significant Produced by NICHCY, 2007

13. Defining “Significant Disproportionality” IDEA recognizes that: • Problem may be result of inappropriate regular education responses to academic or behavioral issues • A “national standard” for disproportionality is not appropriate • Multiple factors must be considered within each state: • Population size • Size of individual LEAs • Composition of State population Produced by NICHCY, 2007

14. A Mini-Lesson on Maintenance of Effort (MOE) Year 1 Year 2 MOE may be calculated based on local funds spent from one year to the next… or Local Local …the combination of State-local funds spent from one year to the next. State-Local State-Local Produced by NICHCY, 2007

15. A Mini-Lesson on Maintenance of Effort (MOE) LEAs must budget (on a per capita or total basis) EITHER: • at least as much in local funds as they spent in local funds in the most recent prior year for which data are available Produced by NICHCY, 2007 • OR-- • at least as much in State and local funds combined as they spent in State and local funds combined in the most recent prior year for which data are available

16. Maintenance of Effort (MOE) and EIS • LEA may reduce their MOE by 50% of their increase in Part B funds • This amount goes to activities authorized under ESEA Produced by NICHCY, 2007

17. Example: Part 1 Calculating Funds Available for EIS Prior Year's Allocation: $1,000,000 Current Year's Allocation: $2,000,000 Increase: $1,000,000 50% of that increase is maximumavailable for MOE reduction: $500,000 15% of $2,000,000 (Current allocation)   Maximum Available for EIS: $300,000   Produced by NICHCY, 2007

18. Example (cont.) Maximum available for MOE reduction: $500,000 Maximum available for EIS: $300,000   LEA decides to use none for MOE reduction: $ 0 Amount LEA may spend on EIS: $ 300,000 How does this affect how many $$ it can put toward EIS? The LEA may put the maximum allowable toward EIS Produced by NICHCY, 2007

19. Example 2 Maximum available for MOE reduction: $500,000 Maximum available for EIS: $300,000   LEA decides to use for MOE reduction: $ 100,000 Amount LEA may spend on EIS: $ 200,000 How does this affect how many $$ it can put toward EIS? LEA may only put $200,000 toward EIS Produced by NICHCY, 2007

20. Example 3 Maximum available for MOE reduction: $500,000 Maximum available for EIS: $300,000   LEA decides to use for MOE reduction: $ 200,000 Amount LEA may spend on EIS: $ 100,000 How does this affect how many $$ it can put toward EIS? LEA may only put $100,000 toward EIS Produced by NICHCY, 2007

21. Example 4 Maximum available for MOE reduction: $500,000 Maximum available for EIS: $300,000   LEA decides to use for MOE reduction: $ 300,000 Amount LEA may spend on EIS: $ 0 How does this affect how many $$ it can put toward EIS? LEA may put no money toward EIS Produced by NICHCY, 2007

22. When There’s Significant Disproportionality LEA must usefull 15%of Part B funds for EIS This means the LEA may not take an MOE reduction Produced by NICHCY, 2007

23. And Now… Response to Intervention Using research-based interventions to help determine if a child has a specific learning disability   Produced by NICHCY, 2007

24. What is RTI? Research-based approach to helping childrenwho are struggling  • Screening and classwide interventions • Targeted, small-group interventions • Intensive interventions Typically involves 3 levels of assistance that increase in intensity   Produced by NICHCY, 2007

25. §300.307 Specific learning disabilities State must adopt criteria for determining if a child has a specific learning disability More about the Criteria Among other things— • Must permit use of a process based on the child's response to scientific, research-based intervention • May permit use of other alternative research-based procedures for determining whether a child has LD Produced by NICHCY, 2007

26. RTI and IDEA Thus, IDEA 2004 gives LEAs the option of including a child’s response to scientific, research-based intervention as part of process used to determine LD Three s Needed to Determine LD §300.309(a)(2) §300.309(a)(1) §300.309(a)(3) (i) or (ii) and and Produced by NICHCY, 2007

27. Is student progress sufficient? • Screenings identify “at-risk” children • Children receive specific research-based instruction, usually in small groups • Progress is closely monitored • This step usually doesn’t last longer than 8 weeks Level 1: Screening and Interventions • No • Yes Child moves to Level 2 Child goes back to regular instruction Produced by NICHCY, 2007

28. Is student progress adequate? • Child receives more intensive services and intervention, usually in small groups • In K-3 these services are usually in reading and math • Progress is closely monitored • Level 2 usually doesn’t last more than a marking period Level 2: Targeted Interventions • No • Yes Child moves to Level 3 Child goes back to regular instruction Produced by NICHCY, 2007

29. If child does not respond to Level 3 interventions: • Child receives individualized intensive interventions targeting his or her skill deficits • Progress is closely monitored Level 3: Intensive Interventions Child is considered for evaluation under IDEA Data gathered in Levels 1, 2, and 3 help to inform the evaluation Produced by NICHCY, 2007

30. Parent Participation When? How? Can you say§300.311(a)(7)(ii)? Produced by NICHCY, 2007

31. Parent Participation Parents may request that their child be evaluated under IDEA at any time When child is provided appropriate instruction… Public agency must: • promptly request parent consent to evaluate child …and does not make adequate progress after appropriate period of time… • adhere to evaluation timelines (unless extended by mutual written agreement with child’s parents) Produced by NICHCY, 2007

32. RTI in Practice • There are many RTI models in use* • In RTI, progress monitoring is critical to: • Pinpoint child’s areas of difficulty • Keep close track of child’s progress • Staff use formal guidelines to decide which children are not making adequate progress or responding to the intervention * The Department does not mandate or endorse any particular RTI model Produced by NICHCY, 2007

33. IDEA and RTI • IDEA 2004 regulations do not define RTI • Regulations are written to accommodate different models of RTI • RTI does not replace a comprehensive evaluation • Evaluation teams must use a variety of tools and strategies, even if RTI is used • Results of RTI may be one part of information reviewed Produced by NICHCY, 2007

34. Roundup Time! Produced by NICHCY, 2007